Counterclaim

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Counterclaim

 

in civil procedure, an independent actionable claim of the defendant against the plaintiff, filed with the court or the arbitration tribunal in a pending suit to be considered simultaneously with the original action. A counterclaim is a means of defense of the defendant against the action directed against him. In Soviet law it is admitted to the proceedings if it is aimed at offsetting the original action, if satisfaction of the counterclaim would fully or partially exclude satisfaction of the original action, or if there is an interrelationship between the counterclaim and the original action, and their simultaneous consideration would result in a more prompt and just hearing of the disputes. A counterclaim, regardless of the jurisdiction to which it is subject and in accordance with the general rules of bringing an action, is instituted in the court considering the original claim.

According to the legislation of the RSFSR and several other union republics, the defendant has the right to bring a counterclaim against the plaintiff before the court renders a decision on the original action. According to the legislation of the Ukrainian SSR, the defendant may bring a counterclaim no later than three days before the court session set for consideration of the original action. Acceptance of a counter-claim filed after the expiration of this term depends on the discretion of the judge. If a counterclaim was brought during consideration of the case on its merits, its acceptance depends on the court’s discretion.

In arbitration proceedings the defendant may bring a counterclaim before the beginning of consideration of the case on its merits. In arbitration procedure a counterclaim may be consolidated with the original action if the defendant observed the prescribed order of settling his claims against the plaintiff before turning to the arbitration tribunal and if there is a direct relationship between the counterclaim and the original action. Consolidation of the counterclaim with the original action contributes to a more complete and just consideration of the mutual rights and obligations of plaintiff and defendant in the examination and deciding of civil disputes.

P. P. GUREEV

References in periodicals archive ?
To help prevent unnecessary foreclosure complications or counterclaims, agents and brokers can help their lender clients by providing the following best practice tips:
AT&T attempted to remove the case to federal court, but the 4th Circuit affirmed 2-to-1 the district court's decision that counterclaim class action defendants can't remove cases--even if, like AT&T, they weren't originally a direct party in the case.
In its motion SCO stated: "IBM's four patent counterclaim are as separable from one another as they are from the rest of the claims and issues in this lawsuit" and argued: "to assist in juror comprehension and reduce both prejudice and delay, IBM's four patent counterclaims should be tried separately and should proceed on a separate discovery schedule.
As described in detail in the counterclaims, "Tenet's proxy violations, along with recently disclosed maneuvers by management -- including the adoption by the Tenet Board of 'Corporate Governance Principles' designed to exclude critics of current management from being elected to the Tenet Board and its abrupt and unreasonable rescheduling of Tenet's upcoming annual meeting resulting in a deadline for submission of nominees to the Board that is literally days away -- are desperate actions of a scandal-ridden management that has orchestrated and presided over fraudulent and unlawful conduct.
Additionally, the counterclaims question the company's labor and employment practices.
This release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, including statements about the merits of a counterclaim and the expected starting date of the trial.
Hahalis, a commercial non-payment proceeding, the tenant asserted counterclaims alleging that the elevator in the subject premises functioned improperly (and indeed at times not at all), preventing respondent from carrying on his business.
We felt all along these counterclaims had no relationship to the real issues of the case.
Custom Chrome has denied most of Chrome Specialties' counterclaims in an answer filed with the Court on September 2, 1994.
As part of its counterclaims, Intuit charged Block with making inconsistent statements regarding how many tax returns it prepares annually.
Specifically, QUALCOMM's proposed new counterclaims allege that InterDigital Technology Corp.
NBS") (TSX:NBS) announced today that it has received an Answer and Counterclaims from DataCard Corporation ("DataCard") to the suit against Datacard that NBS filed on November 1, 2005 in the United States District Court for Minnesota.